A regular meeting of the City Council of the City of San Ramon was called to order on May 23, 2000 at 7:30 P. M. in the Council Chambers at City Hall, 2222 Camino Ramon, Mayor Kinney presiding.
PRESENT: Councilmembers Hudson, Raab, Tatarka, Wilson and Mayor Kinney.
ABSENT: None
STAFF PRESENT: City Manager Herb Moniz, City Attorney Bob Saxe, Police Chief Obie Anderson, Parks and Community Services Director Jeff Eorio, Planning Director Phil Wong, City Engineer Joye Fukuda, Public Services Director Jim Estep, Transportation Analyst, Lisa Bobadilla, Associate Engineer Moustefa Kendroud, Administrative Analyst Sandy Barlow and Deputy City Clerk Susan Gibbs.

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After calling the meeting to order Mayor Kinney said the Council had met in closed session for the purpose of discussing acquisition of the Cortese real property (APN’s 208-260-022 and 208-260-024 and giving instructions to the City negotiator, Bob Saxe.

Cm. Wilson led Council, staff and those present in the audience in a pledge of allegiance to the flag.

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The City Manager called to the attention of the audience the Art and Wind Festival to be held May 28 & 29, 2000 at Central Park.

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Mayor Kinney presented a proclamation to Colleen Olson of the San Ramon Valley Ecumenical Homeless Ministry declaring June 5-11, 2000 as "Affordable Housing Week".

Ms. Olson thanked the Mayor on behalf of San Ramon Valley Ecumenical Homeless Ministry and explained that this organization consisted of individual members of churches throughout the Valley who worked to prevent people from becoming homeless or if they are homeless to be a stop gap for 2-3 months while they get back on their feet. She stated they have represented the Valley area for 10 years and have helped many people on a short-term basis.

Dean Detweiller, joined by his wife Betty, accepted a proclamation recognizing his outstanding service to the City of San Ramon, and announced that May 19^th, 2000 had been declared "Dean Detweiller Day" by Mayor Kinney.

Mayor Kinney recognized and thanked Ice Cream Partners of America for their continued support of Parks and Community Services Department events – DARE Challenge, Wind Breaker Run, Run San Ramon, and Bah Humbug Run.

Mayor Kinney presented posters to the Art and Wind festival major sponsors – KKIQ FM 110.7, AT & T Cable Services, San Ramon Valley Times, San Ramon Marriott, San Ramon Regional Medical Center, Chevron, Bank of Walnut Creek and Ice Cream Partners of America and thanked them for their support.

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The Community Services Manager said four applications had been received during three recruitment periods for the Library Advisory Committee.

Mayor Kinney’s motion that the two applications received during the first recruitment period, Yvonne Kimber and Ernie Scherer, be appointed to two-year terms and the third vacancy be filled from the remaining two applicants after the scheduled interviews by Parks Commission on May 31^st, was seconded by Cm. Hudson and passed 5-0.

Cm. Tatarka asked that a letter from the Parks Commission Chair be sent to Mrs. Kimber and Mr. Scherer apologizing for the delay in their appointment.

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Linda Brewer, Executive Director of the San Ramon Chamber of Commerce, announced that Dean Detweiller, who has been a member of the Chamber since 1983, had been named as the First Honorary Chamber Member. She also said that each year the City and the Chamber join together to honor outstanding residents and business people in the community with the Business & Community Awards Program. This year’s recipients are - Citizen of the Year, Ed Duarte, Aztec Consultants, Business Person of the Year, Hassin Sharifi, The Golden Skate, Employee of the Year, Jim Burt, AT& T Cable Services and Educator of the Year, Kalani Schreiner, San Ramon Police Department.

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Cm. Raab’s motion to approve the minutes of the May 9, 2000 meeting was seconded by Cm.Tatarka and passed 5-0.

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Susan Friedman asked that item 8.7, resolution approving the sculpted faux rock/soil nail retaining wall for Norris Canyon Road, be removed for discussion.

Mayor Kinney’s motion to approve the following Consent Calendar was seconded by Cm. Raab and passed 5-0.

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FINANCE
Register of Demands dated May 3, 9, 12 and 19, 2000 in the amount of $1,364,782.99.

SETTING PUBLIC HEARING FOR 
RESOLUTION No. 2000-81 – ESTABLISHING FEES AND CHARGES FOR VARIOUS MUNICIPAL SERVICES AND REPEALING RESOLUTION NO. 99-40.

AUTHORIZING STAFF TO PROVIDE ADMINISTRATIVE AND CLERICAL SUPPORT SERVICES TO THE SOUTHWEST AREA TRANSPORTATION PLANNING COMMITTEE (SWAT).

RESOLUTION NO. 2000-85

REJECTING ENGLAND STRIPING COMPANY’S PROPOSAL FOR STREET STRIPING AND STENCILING SERVICES AS NON-RESPONSIVE.

RESOLUTION NO. 2000-87

AUTHORIZING SUBMITTAL OF FUNDING REQUEST FORM FOR DEPARTMENT OF CONSERVATIONS FUNDS FOR BEVERAGE CONTAINER RECYCLING AND LITTER ABATEMENT ACTIVITIES AND IDENTIFYING THE CITY MANAGER AND ECONOMIC DEVELOPMENT SERVICES MANAGER AS INDIVIDUALS AUTHORIZED TO RECEIVE AND EXPEND FUNDS AND CARRY OUT REQUIRED PROGRAM ACTIVITIES.

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DRAINAGE REPAIRS

Acceptance of work by Bellicitti & Pellicciotti Construction Company for drainage repairs (CIP 8413) as complete and authorize the City Clerk to file a Notice of Completion with the County Recorder’s Office.

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Cm. Raab said he received a letter from a family in Walnut Creek that stated while visiting the Skate Park they had encountered some difficulty with bicyclists using the park illegally. He requested that the Police and Parks Department, in addition to the Parks Commission be notified of this communication regarding the lack of staffing at the site.

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UNDERGROUND UTILITY DISTRICT No. 10

The Associate Engineer introduced a public hearing on the establishment of Underground Utility District No. 10, and said it would complete in three phases the undergrounding of utilities along two major arterials, Crow Canyon Road and San Ramon Valley Boulevard.

No one spoke during the public hearing.

Cm. Hudson’s motion to approve the resolution establishing Underground Utility District No. 10 was seconded by Cm. Raab and passed 5-0.

RESOLUTION No. 2000-86

ESTABLISHING UNDERGROUND UTILITY DISTRICT No. 10,

SAN RAMON VALLEY BOULEVARD FROM APPROXIMATELY 920 FEET SOUTH OF HARNESS DRIVE TO APPROXIMATELY 450 FEET SOUTH OF MORGAN DRIVE (CIP 8642), SAN RAMON VALLEY BOULEVARD FROM APPROXIMATELY 370 FEET NORTH OF CROW CANYON ROAD TO APPROXIMATELY 300 FEET SOUTH OF DEERWOOD ROAD, (CIP 8612), AND CROW CANYON ROAD FROM CROW CANYON PLACE TO APPROXIMATELY 480 FEET EAST OF CAMINO RAMON (CIP 7127).

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GEOLOGICAL HAZARD ABATEMENT DISTRICT 1990-01

The City Engineer introduced a public hearing for Geological Hazard Abatement District 1990-01 and recommended the Council consider adoption of a resolution levying the assessment for Fiscal Year 2000/01. She said the District includes the West Branch Development located at Dougherty and Crow Canyon Roads and also all of the Dougherty Valley project. She said the recommended assessment was $100 per residential unit and $0.032 per square feet for non-residential units.

No one spoke during the public hearing.

Cm. Hudson’s motion to approve the resolution levying the assessment was seconded by Cm. Tatarka and passed 5-0.

RESOLUTION No. 2000-88

CONFIRMING AND LEVYING ASSESSMENT FOR FY 2000/01 GEOLOGIC HAZARD ABATEMENT DISTRICT 1990-01 WEST BRANCH AND GALE RANCH/SHAPELL INDUSTRIES WINDEMERE/BLC PARTNERS

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LIGHTING & LANDSCAPING DISTRICT 1984-1

The Administrative Analyst introduced a resolution that would confirm the diagram and assessments and levy the assessments for Fiscal Year 2000/2001 for Lighting and Landscaping District 1984-1. She said the proposed District Budget was a 23% increase from FY 1999/00 to 2000/01.

No one spoke during the public hearing.

Cm. Raab’s motion to approve the resolution approving the Lighting and Landscaping District 1984-1 Assessments was seconded by Cm. Hudson and passed 5-0.

RESOLUTION No. 2000-82

CONFIRMING DIAGRAM AND ASSESSMENT AND LEVYING ASSESSMENT FOR FISCAL YEAR 2000/01 LIGHTING AND LANDSCAPING DISTRICT 1984-1

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Susan Friedman, referred to the presentation by HCV Developers at the May 9, 2000 Council meeting regarding the retaining wall design for the Norris Canyon Road improvement project. She said at that meeting there were many concerned residents that spoke out about increased sound levels that would reflect into their yards with the projected increase of traffic when the road reopens. She asked the Council to approve the wall design and promise that a sound study along with the analysis of open-graded asphalt, the pyrock retaining wall coating, sound absorb systems and any other sound reducing methods would occur. She expressed her concern that the faux rock retaining wall would do nothing to absorb sound, stating it would only reflect it.

She said planting pockets would do nothing to reduce sound and the only thing that would actually absorb the sound was bare earth or something like the pyrock coating on the wall. She said the open graded asphalt would further aid in reducing sound. She said the conditions of approval for the wall state "after the sound study is conducted, HCV will be directed to install open graded asphalt or some sort of sound absorbing method. She said she felt the conditions should read "not or but and or and/or, or anything that would increase the probability of more solutions rather than a solution. She continued to say after the study is complete the sound engineer could possibly recommend an alteration to the wall design and we need to wait to see what the sound engineer recommends before the wall is approved. She said it is premature to approve the faux rock soil nail retaining wall system until the analysis data is complete and the residents have a chance to review the results. At that point the wall design should be placed on the agenda, there should be proper notice sent out to the residents and allow everyone to present their ideas. She concluded by asking the Council to not approve the faux rock soil nail retaining design and put it on the agenda after all of the studies at a later date.

Cm. Raab asked staff the status of the following studies that were directed to be initiated at the last Council meeting; 1) feasibility of open graded roadway, 2) sound absorbing covering on the wall, and, 3) overall sound study.

The Planning Director said staff had spoken with consultants and those studies were being initiated.

Cm. Raab said Council had been given an engineering report stating that the recommended wall was engineeringly sound versus the other two walls that had previously come before Council and he questioned who provided the Engineer’s Report.

The City Engineer responded the report was provided by City staff and indicated it had also gone through a peer review by a City consultant.

The Planning Director stated that he and the City Engineer wished to make modifications to the language in Conditions No. 9 and 12. Condition #9 would state the applicant would be responsible for maintenance for two years after the initial acceptance of the landscaping which is consistent with how the City deals with other developments in the community. Condition #12 change the wording to state that a maintenance bond for the road shall be consistent with the approved County standard that was adopted as part of the Wiedemann Ranch.

Cm. Raab referred to a year ago when a stop work order was placed on this project due to cutting too far north into the hillside. He said he felt this was one of the reasons the residents were coming back on this project because a stop work order had been issued previously because the developer had originally gone outside of the conditions of approval.

The City Engineer explained at that time the City had issued an encroachment permit for installation of utilities and the drawings submitted by the applicant had shown a limit of grading operation that was defined on a map that the City had obtained from the developer. She said during the course of the installation of the water line, the developer exceeded the limits and as a result a stop work order was issued. She said the developers stopped work, there were discussions and a revised grading plan was submitted to show the extent of their grading operation for the installation of that water line. She concluded by saying it was at that time staff released the stop work order and the developer was allowed to continue with the project.

Cm. Tatarka said that she approved the wall with the condition that the noise issue be addressed and she wanted assurances that the residents would receive information regarding the study as well.

The City Engineer explained that the developer has a design build contractor that attended the last Council meeting and discussions with the developer and this consultant, assured staff that if we proceed with the soil nail wall and faux sculpted rock the pyrock can be applied to it at a later date if as a result of this sound study and public process the Council decides that that should be applied, it can be at a later date. The City has obtained a written letter to that affect.

Cm. Tatarka asked about the road surface.

The City Engineer replied there would be a period of time during which the contractor would be building the wall and after that period the roadwork would occur. She said it was staff’s intent to have the pavement study done in conjunction with the roadwork so they could get a read on the road and the outcome of the open graded asphalt study prior to the completion of the road and bring that report back to the Council prior to the completion.

Cm. Hudson’s motion to approve the proposed wall for Norris Canyon Road was seconded by Cm. Raab.

Cm.Wilson expressed concern that the residents’ issues regarding noise would be addressed and asked what procedures do we have to keep the residents apprised of what is going on.

The City Manager said the City has extensive procedures to keep the residents apprised. One of the things the Council should understand is that we have testimony from residents and paving contractors who purport to do sound studies to the tune of putting stuff in people’s back yards. We are going to a sound analysis based upon a registered acoustical consultant so we will coordinate with the residents. The issue tonight is to get the base wall done and move forward with the analysis and them come back and finalize it. He said the sound analysis and the paving analysis would be done by a registered acoustical consultant not a paving contractor.

Cm. Hudson modified his motion to include the amendments on Condition numbers 9 and 12.

Cm. Tatarka confirmed this issue would be coming back to Council and the public would have the opportunity to comment further.

Mayor Kinney confirmed the approval was only for the wall and nothing else. He said studies still have to be done and a report made to Council. He said at that time there would be a public hearing.

Cm. Hudson’s motion passed 5-0.

APPROVING THE SCULPTED FAUX ROCK/SOIL NAIL RETAINING WALL FOR NORRIS CANYON ROAD ASSOCIATED WITH THE NORRIS CANYON  STATES RESIDENTIAL PROJECT (FORMERLY WIEDEMANN RANCH)

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2000 UPDATE CONTRA COSTA COUNTYWIDE COMPREHENSIVE TRANSPORTATION PLAN

Martin Engleman, Deputy Director of the Contra Costa Transportation Authority presented the 2000 Update of the Contra Costa Countywide Comprehensive Transportation Plan. He gave the background of the Transportation Authority that was created in 1988 to oversee Measure C the ½ cent sales tax measure that was approved by the voters.

Mr. Engleman reviewed the future of transportation in Contra Costa County including vision and goals, systems, growth management, travel corridors, action plans and implementation of the plans. He asked that any questions and/or comments be forward to the Authority by June 14^th.  

Mayor Kinney asked about growth management and what contact was being made with other agencies on a regional basis including counties like Solano, San Joaquin and Alameda.

Mr. Engleman replied that Contra Costa was unique in that it was the only county that has a growth management plan. He said there is a statewide congestion management program that is similar that has been adopted by neighboring counties. He said they had used the projections from the Association of Bay Area Governments to account for the anticipated growth from surrounding counties. He explained that growth management does not necessarily mean growth control or low growth, it means to grow responsibly and maintain service standards and quality of life.

Mayor Kinney asked what Alameda and San Joaquin counties say about the projections of increased traffic and travel time on 580 and 680.

Mr. Engleman replied they communicate at the Bay Area Partnership meeting once a month.

Cm. Hudson reiterated that the Council needs to forward their comments to either him or Mr. Engleman by June 14^th.

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FY 2000/01 ANNUAL PROGRAM OF SERVICES

The Administrative Services Director introduced the preliminary fiscal year 2000-01 Annual Program of Services for the City. He highlighted the 18% operating expenses. He said this projects to a reduction in the general fund surplus of approximately $1.5 million. He said the budget as proposed includes the reinstating of landscaping and lighting assessment. The City Engineer presented two changes to the draft Capital Improvement Program (CIP), 1) Golden View Field drainage and landscaping and, 2) California High School all weather track. She said the Finance Committee reviewed the projects and because of the proposal of having these being joint funded projects, the Committee decided that until there could be a firmer discussion about the financial commitments regarding cost sharing that at this time the projects would not be included. She continued to say subsequent to that time staff had received a letter from an anonymous donor with respect to the Cal High track. She said discussions had been held with School District staff and they are very interested in going forward with this project. She concluded by saying at this point in time these two projects are not included as new projects in the Five-Year CIP and if staff will be working on these projects during the coming year staff would request Council consider adding them back into the CIP.

Cm. Raab stated that he just received a letter tonight from an anonymous donor offering to pay approximately one-half the cost of installing an weather track at California High School and asked staff to do a cost analysis for presentation at the Finance Committee meeting on May 30.

Mayor Kinney asked about the Pine Valley Master Plan Parking Lot Expansion and whether the City was building parking lots for the school district.

City Manager replied that this was to accommodate the gymnasiums and renovation of the park itself.

The Parks and Community Services Director said the Master Plan for Pine Valley School was adopted with the conceptual plan for the Pine Valley Gymnasium by both the Commission and Council that was presented last year. He said the Master Plan includes a parking lot off of Broadmoor for better access to the gym and the increased usage that would be anticipated with a better field at that location.

Mayor Kinney asked if this was part of the original donation to the school district or additional money?

The Parks and Community Services Director replied the Middle School was the only facility, other than Cal Hi that is not a school park and this has been unprogrammed for a long time, brought on to the program last year and brought up for consideration again.

Mayor Kinney asked again, are we building parking lots for the school district? He said the School District has a lot of money now and asked why the City was building over and above the $4.7 million given to the school district for the gymnasium. He asked when the school district was going to kick in something?

The Parks and Community Services Director said if staff is directed by Council they would request additional funding from the district.

Mayor Kinney said he was still waiting for an answer on the money for the Bollinger Canyon School Park. He said the City was not planning on funding that park because we had always intended to build a park across the street, which the Council approved recently.

The Parks Director replied that was part of the failed Measure C.

Mayor Kinney said we were not going to fund that park because we are always intending to build a park across the street that the Council recently approved to the tune of $3 million. He said the School District was supposed to repay the City if Measure D passed and he would like to have an answer.

Mayor Kinney was assured that he would have an answer within the next three days.

Mayor Kinney said the Council turned down the Crow Canyon Gardens project once before and it has come back to the tune of $710,000 plus $120,000 for design. He said that project was put in unprogrammed for a reason.

The Parks and Community Services Director said it was the Parks Commission recommendation to move it up to implement the Master Plan which includes the Nature Center and possible revision to the Master Plan given the community gardens issue. He said it has to do with the facility as much as anything else and the removal of the trailers.

Mayor Kinney stated it was a lot of money for the Crow Canyon Gardens facility and requested staff to review how many people actually use the existing facility.

Cm. Raab stated the Crow Canyon Gardens project has been growing with the City and it has become an eyesore. He said most recently the Earth Day Spring Fling was held there and it was extremely heavily attended. He said it is a true education center that should compliment the rest of the parks.

Mayor Kinney said he would like to see some numbers for discussion during the budget discussions.

Cm. Tatarka said Crow Canyon Gardens had brought a lot of attention to the City and we have not given it the attention that it deserves. She said she felt it should be programmed into the budget.

The City Manager said verbiage would be added under the item Parks and Community Services regarding site renovations and improvement of historical buildings at Forest Home Farms to state "and pursue supplemental funding through state and federal historical grant programs".

Linda Robles, San Ramon Marriott, asked for support of the City’s membership in the Convention and Visitor’s Bureau, CVB. She said it was an additional support system for their sales and marketing force.

Otis Nostrand, The Hop Yard Ale House, said a good portion of his customers were being referred directly or indirectly through the efforts of the CVB. He thanked the City for partnering with a small businesses like his and encouraged continuation of the funding for the CVB.

Cm. Raab asked how much each small business pays to be a member of the CVB?

Mr. Nostrand replied that is varies depending on the type of business and his business paid $280.

Cm. Raab inquired as to the amount bigger businesses such as Marriott pay.

Ms. Robles replied $9.00 per room for approximately $1,000.

Cm. Raab noted that the CVB members contributed approximately $6,000 and the City $84,000 which is a 10 to 1 ratio, and stated this was not a partnership, but a subsidy. He went on to say that recently the Council had made a point of not subsidizing small businesses when it came to helping retain a business in San Ramon. He said we are in an economic boom and due to many reasons such as increased office space, and wonderful facilities that attract events, he does not see a need for the CVB.

Mayor Kinney wanted to know how much additional money the Marriott has brought into the City with TOT fees.

Mr. Nostrand said it was a tough thing to track leads to the Marriott but he believed it to be in the area of $400,000 in room bookings. He said this was something that continually builds, it does not happen overnight, but it is a growing process that he has experienced with other businesses in the Tri Valley area.

Cm. Tatarka said the $280 fee paid by the Hop Yard was pretty cheap in comparison with an ad in the Yellow Pages. She brought to the Council’s attention the recently published San Ramon Chamber booklet and expressed a concern over possible competition between the Chamber and the CVB. She said she had concerns about the City spending this kind of money without there being some kind of matching funds. She said she would like to know how many Chamber members are members of the CVB.

Cm. Raab confirmed San Ramon’s TOT was the lowest in the Tri-Valley and said so in effect the City was subsidizing there. He said it was difficult to justify the numbers especially with the growth of the current economy.

Linda Brewer, Executive Director of the Chamber of Commerce, expressed appreciation for the Council’s participation in the CVB. She said that there was no competition between the two organizations and they worked extremely well together and the City joining the CVB has put San Ramon on equal footing with the rest of the Tri Valley. She stressed the CVB function is travel and tourism which the Chamber does not do.

In response to Cm. Raab’s questions, Ms. Brewer said there were approximately 583 business members in the Chamber and the City pays $950 to be a member. She stated the CVB was not a membership organization like the Chamber. She continued to say all CVB’s are funded by the city for the purpose of promoting travel and tourism.

Mark Corti, Principal, California High School, spoke about the letter from an anonymous donor which stated a willingness to match City funds for an all weather track at California High School. He said they had met with representatives of the donor and the School District and said the donor was willing to go over the amount stated in the letter if needed. He stated that the District was in the process of drafting a letter to commit to the maintenance of the track once it is completed.

Cm. Raab stated that the Finance Committee wanted the School Districts’ commitment to the maintenance of the track.

Mayor Kinney asked what the Districts monetary commitment to this track other than maintenance?

Mr. Corti replied that is was maintenance and special fencing surrounding the track.

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MAYOR’S CONFERENCE

Mayor Kinney announced the next Mayor’s Conference was June 1 in San Pablo.

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There being no further business to come before the City, at 9:15 p.m. the meeting adjourned.

Curt Kinney, Mayor
Judy Macfarlane, City Clerk

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